Couples going through a divorce in Downers Grove may have heard that mediation is a part of the divorce process. But this might make you wonder if it is actually required. The answer will depend on your particular case. Illinois courts can use mediation when they want to, especially in child-related cases. A court can make mediation mandatory, or it can always be available voluntarily to help the parties resolve any contested issues.
At Kulerski & Cornelison, our team serves families DuPage and Cook counties. We help clients through understand how mediation may play a part in their divorce.
Mediation Requirements Under Illinois Supreme Court Rules
Illinois does not require every divorcing couple to participate in mediation. Instead, the requirement is tied to disputes involving children. Under Illinois Supreme Court Rule 905, courts must establish mediation programs for contested issues related to:
- Allocation of parental responsibilities
- Parenting time
- Removal or relocation
- Other child-related disputes
If the parents can’t agree on these types of issues, the court often orders mediation. This rule applies throughout the state, including here in DuPage County.
How DuPage County Implements Mediation
DuPage County follows the statewide framework but has its own local procedures. The judges often require mediation if there are disagreements about parenting time or responsibilities. This may happen through a private mediator or through an approved program. The goal is to try to reduce conflict and encourage cooperation.
Key points about DuPage County’s mediation process include:
- Mediation is often mandatory for contested parenting issues.
- The court may waive mediation only for good cause, such as domestic violence concerns or other safety risks.
- Financial issues are not automatically sent to mediation, but the court may choose to do so, and the parties can choose to do so.
When Mediation Is Not Required
Mediation is not usually required when:
- The divorce is uncontested.
- All parenting issues have already been resolved by agreement.
- The case only deals with financial matters, and the parties prefer not to use mediation.
- The court decides that mediation is not appropriate because of mental health issues, safety concerns, or a past history of domestic violence between the couple.
Many couple still choose mediation because it can reduce the time it takes to get divorced, reduce the overall costs, and be less disruptive to children.
Benefits of Voluntary Mediation in Downers Grove
Couples who are not required to mediate often still find it beneficial. Voluntary mediation can help resolve:
- Property division
- Debt allocation
- Spousal maintenance
- Division of retirement accounts
- Other financial or practical issues
Mediation gives you a safe and confidential space to talk about the issues you face. It focuses on being cooperative rather than confrontational, like happens in the courtroom.
What Happens If Mediation Fails?
If court-ordered mediation does not result in agreement, the case returns to the judge. The court may:
- Schedule additional hearings
- Appoint a guardian ad litem or child representative
- Order evaluations or parenting assessments
- Move the case toward trial
Do You Need an Attorney for Mediation?
Illinois does not require spouses to bring attorneys to mediation. However, legal guidance is strongly recommended, especially when parenting issues or complex financial matters are involved. An attorney can:
- Explain your rights and obligations under Illinois law
- Help you prepare for mediation sessions
- Review proposed agreements for fairness and compliance
- Ensure the final settlement is drafted correctly for court approval
Mediators cannot give legal advice, so having professional support helps protect your interests throughout the process.
Speak to a Downers Grove Divorce Attorney Today
Our skilled Downers Grove, IL divorce attorneys are ready to help with your case. Whether you’d like to use mediation voluntarily, or it’s ordered by the court, we’re here to guide you through the process.
At Kulerski & Cornelison, our family law attorneys are ready to help. Contact us today for a consultation of your case.